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Information Technology Foundation of the Philippines vs. Commission on Elections, G.R. No. 159139, January 13, 2004

06 Mar

INFORMATION TECHNOLOGY FOUNDATION OF THE PHILIPPINES MA. CORAZON M.  AKOL, MIGUEL UY, EDUARDO H. LOPEZ, AUGUSTO C. LAGMAN, REX C. DRILON, MIGUEL HILADO, LEY SALCEDO, and MANUEL ALCUAZ JR, petitioners,

vs. COMMISSION ON ELECTIONS; COMELEC CHAIRMAN BENJAMIN ABALOS SR.; COMELEC BIDDING and AWARD COMMITTEE CHAIRMAN EDUARDO D. MEJOS and MEMBERS GIDEON DE GUZMAN, JOSE F. BALBUENA, LAMBERTO P. LLAMAS, and BARTOLOME SINOCRUZ JR.; MEGA PACIFIC eSOLUTIONS, INC.; and MEGA PACIFIC CONSORTIUM, respondents.

[G.R. No. 159139.  January 13, 2004]

FACTS:

Petitioners were participating bidders questioning the identity and eligibility of the awarded contractor Mega Pacific Consortium (MPC) where the competing bidder is Mega Pacific eSolutions, Inc. (MPEI) as signed by Mr. Willy Yu of the latter. Private respondent claims that MPEI is the lead partner tied up with other companies like SK C&C, WeSolv, Election.com and ePLDT. Respondent COMELEC obtained copies of Memorandum of Agreements and Teaming Agreements.

ISSUE:

Whether or not there was an existence of a consortium.

RULING:

NO. There was no documentary or other basis for Comelec to conclude that a consortium had actually been formed amongst MPEI, SK C&C and WeSolv, along with Election.com and ePLDT. The president of MPEI signing for allegedly in behalf of MPC without any further proof, did not by itself prove the existence of the consortium.  It did not show that MPEI or its president have been duly pre-authorized by the other members of the putative consortium to represent them, to bid on their collective behalf and, more important, to commit them jointly and severally to the bid undertakings.  The letter is purely self-serving and uncorroborated.

 

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